Wisconsin Statutes

Wis. Stat. § 628.61 (2026)

Sharing commissions

✓ current as of July 2026

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628.61628.61 Sharing commissions.

628.61(1)(1) Prohibition. No intermediary or insurer may pay any consideration, nor reimburse out-of-pocket expenses, to any natural person for services performed within this state as an intermediary if he or she knows or should know that the payee is not licensed under s. 628.04 or 628.09. No natural person may accept compensation for service performed as an intermediary unless the natural person is licensed under s. 628.04 or 628.09.

628.61(2)(2) Exceptions. This section does not prohibit:

628.61(2)(a)(a) The payment of deferred commissions to formerly licensed agent and broker intermediaries or their assignees; or

628.61(2)(b)(b) The proper exchange of business between agent and broker intermediaries lawfully licensed in this state.

628.61 HistoryHistory: 1975 c. 371, 421; 1979 c. 102; 1981 c. 38.

628.61 Cross-referenceCross-reference: See also s. Ins 6.66, Wis. adm. code.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Midwest Com. Funding LLC v. Cincinnati Specialty Underwriters Ins. Co. (E.D. Wis. 2019).

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Midwest Com. Funding LLC v. Cincinnati Specialty Underwriters Ins. Co. (E.D. Wis. 2019). · cites it 2× “See Wis. Stat. § 628.61 (1). 30 This insurance is with an insurer which has not obtained a certificate of authority to transact a regular insurance business in the state of Wisconsin, and will be issued and delivered as a surplus lines coverage pursuant to § 618.”

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